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The Wikles: An I-601 Case

Male: My wife had entered the United States twice without permission, without documentation. The first time she entered, they called her and she was sent back to her country; she took voluntary departureThe departure of an alienAny person not a citizen or nationalA person owing permanent allegiance to a state of the United States. from the United States without an order of removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability.. The departure may or may not have been preceded by a hearing before an immigration judgeAn attorney appointed by the Attorney General to act as an administrative judge within the Executive Office for Immigration Review. They are qualified to conduct specified classes of proceedings, including removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. proceedings.. An alienAny person not a citizen or nationalA person owing permanent allegiance to a state of the United States. allowed to voluntarily depart concedes removability but does not have a bar to seeking admissionEntry to the United States, authorized by a U.S. immigration inspector, part of the Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information.). When you come from abroad and first arrive in the U.S, the visa allows you to travel to the port-of entry and request permission to enter the U.S. Admission or entering the U.S., by non-United States citizens must be authorized by a U.S. Immigration inspector at the port-of- entry, who determines whether you can enter and how long you can stay here, on any particular visit. If you are allowed to enter, how long you can stay is and the immigration classification you are given, is shown as a recorded date or Duration of Status (D/S) on Form I-94, Arrival-Departure Record, or Form I-94W, if arriving on the Visa Waiver Program. If you want to stay longer than the date authorized, you must request permission of the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). Go to the USCIS Internet web site to learn more.
at a port-of-entry at any time. Failure to depart within the time granted results in a fine and a ten-year bar to several forms of relief from deportationThe formal removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. based on deportability. Now called RemovalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability., this function is managed by U.S. Immigration and Customs Enforcement... And then she came back the second time and was here for the better part of the decade. We finally decided to go ahead and get the ball rolling with the immigration process, and go over – we knew there was going to need to be a waiver all done. Even the pastor of our church told my wife that, you know, be careful, there’s a lot of risk involved because just look at other people.

Female: He said, “Well, you really want to leave, huh? Are you sure?” Because he knew he was – he had, like, a few members that had not come back yet. So I said, “Yeah, I’m still taking the risk.”

Male: Yeah, when we went for the interview at the U.S Consulate over there; first, they checked out my papers, and we sawSpecial Agricultural Worker: farm workers in perishable products who worked for a specified period of time and were able to adjust status to lawful permanent resident according to the Immigration Reform and Control Act of 1986. them sending a whole lot of people away because they didn’t have all the documentation they needed, they didn’t have everything that they were supposed to have. A few minutes later, they call us back for our interview.

When we got back there, the immigration officer, he laughed because the packet that they had prepared for us was, like, this thick. And he showed me one of them and he said, “See this?” It was about 15 pieces of paper. He said, “This is probably the average applicantPerson who wants something for him/herself and makes a request for it (asks for it). The request is usually in writing.
’s package, and yours looks more like an encyclopedia.” He said he’s never seen a case where they’ve prepared a packet that well, and it was denied or turned down, so he’s pretty sure that we’d be okay, that we had nothing to worry about.

How could I not be thrilled with the outcome of my case because I have my wife, my son back; I have my other son on the way here, and I’m very thrilled with the outcome of this case.